SUFIA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Khan, the learned counsel for the petitioner, Mr. U.K. Nair, learned senior counsel, appearing as Senior Standing Counsel for the respondents No. 2 to 5.

(2.) The petitioner was the proceedee before the Member, Foreigners' Tribunal No.5, Morigaon in Case No. F.T.(D) 300/2015. The said learned Tribunal by its opinion dated 04.11.2016, answered the reference made by the S.P. (Border), Morigaon in the affirmative by holding that the petitioner was a foreigner who came to Assam on or after 25.03.1971.

(3.) The said opinion was challenged by the petitioner before this Court by filing a writ petition under Article 226 of the Constitution of India, which was registered as W.P.(C) No. 7217/2016. Upon hearing the learned counsel for the parties and by discussing the pleadings and evidence on record in extensio, it was held that the petitioner had failed to discharge her burden under Section 9 of the Foreigners Act, 1946 to prove that she was not a foreigner but a citizen of India and consequently, the writ petition was dismissed by the Division Bench of this Court by judgment and order dated 05.04.2018.